Page 155 - DCOM308_DCOM502_INDIRECT_TAX_LAWS
P. 155

Indirect Tax Laws




                    Notes          elements as profits, customs duties and taxes, transport and insurance, and other expenses incurred
                                   in the country of importation.

                                   Computed Value

                                   The computed value is determined by adding to the cost of producing the goods being valued
                                   “an amount for profit and general expenses equal to that usually reflected in sales of goods of
                                   the same class or kind as the goods being valued which are made by producers in the country of
                                   exportation for export to the country of importation.”
                                   Fall-back method


                                   Where customs value cannot be determined by any of the four methods described above, it can
                                   be determined by using any of the previous methods in a flexible manner, provided that the
                                   criteria employed are consistent with Article VII of the General Agreement. The value so fixed
                                   should not, however, be based on the following factors, among others:
                                       The price of goods for export to a third country market,
                                       Minimum customs values,
                                       Arbitrary or fictitious values.
                                   As a general rule, the Agreement visualizes that where a transaction value is not accepted, the
                                   value should be determined by  using the  above  standards on  the basis of the  information
                                   available within the country of importation. However, it recognizes that in order to determine
                                   a computed value, it may be necessary to examine the costs of producing the goods being valued
                                   and other information which has to be obtained from outside the country of importation. The
                                   Agreement therefore suggests, in order to ensure that the importer is not subjected to unnecessary
                                   burdens, that the computed value standard should be  used only when buyer and seller are
                                   related and the producer is prepared to provide  to the customs authorities in the importing
                                   country the necessary cost data and facilities for their subsequent verification.





                                     Notes  The computed value is determined by adding to the cost of producing the goods
                                     being valued “an amount for profit and general expenses equal to that usually reflected in
                                     sales of goods of the same class or kind as the goods being valued which are made by
                                     producers in the country of exportation for export to the country of importation.”

                                   Self Assessment

                                   Fill in the blanks:

                                   5.  Where value cannot be determined on  the basis of the transaction value, it should  be
                                       established by using an already determined transaction value for .......................... goods.
                                   6.  As a general rule, the Agreement visualizes that where a transaction value is not accepted,
                                       the value  should  be  determined by  using  the  above  standards  on the  basis  of  the
                                       information available within the country of ....................................
                                   7.  Where it is not possible to determine value on the basis of the above method, it should be
                                       determined on the basis of the transaction value of ......................... goods.
                                   8.  Where customs value cannot be determined by any of the four methods described above,
                                       it can be determined by using any of the previous methods in a flexible manner, provided




          150                               LOVELY PROFESSIONAL UNIVERSITY
   150   151   152   153   154   155   156   157   158   159   160